Alexion Pharmaceuticals v. Amgen Canada Inc., 2024 FC 1137 (Eculizumab*)
Associate Justice Duchesne - 2024-07-22
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This case involves a motion by the Defendant to amend its Second Amended Statement of Defence in two patent infringement proceedings. The proposed amendments include adding more detail to the existing misrepresentation allegation under section 53 of the Patent Act, making changes related to disclosure, and including additional prior art documents for obviousness. The Plaintiffs oppose the amendments, arguing they do not meet the standard of full particulars required for misrepresentation claims under Rule 181 of the Federal Courts Rules. The Court considered the interaction between Rule 181, section 53 of the Act, and previous jurisprudence. Ultimately, the Court agreed with the Plaintiffs that the Defendant's proposed amendments did not provide sufficient particulars for a misrepresentation defence under section 53 and denied the motion for leave to amend.
Decision relates to:
- T-1094-23 - ALEXION PHARMACEUTICALS, INC. et Al v. AMGEN CANADA INC.
- T-1095-23 - ALEXION PHARMACEUTICALS, INC. et Al v. AMGEN CANADA INC.